Shipping and Transportation; Technical, Organizational, and Conforming Amendments, 60751-60754 [2011-25276]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60751-60754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 2, 4, 62, 111, 120, 129, 133, 401, and 402

49 CFR Parts 450, 451, 452, and 453

[Docket No. USCG-2011-0618]
RIN 1625-AB77


Shipping and Transportation; Technical, Organizational, and 
Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule makes non-substantive changes throughout 
Titles 46 and 49 of the Code of Federal Regulations. The purpose of 
this rule is to make conforming amendments and technical corrections to 
Coast Guard shipping and transportation regulations. This rule will 
have no substantive effect on the regulated public. These changes are 
provided to coincide with the annual recodification of Titles 46 and 49 
on October 1, 2011.

DATES: This final rule is effective September 30, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0618 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to https://www.regulations.gov, 
inserting USCG-2011-0618 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Paul Crissy, Coast Guard; telephone 202-372-1093, e-mail 
Paul.H.Crissy@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Regulatory History
II. Background
III. Basis and Purpose
IV. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(A) and (b)(B) the Coast Guard finds this 
rule is exempt from notice and comment rulemaking requirements because 
these changes involve rules of agency organization, procedure, or 
practice. In addition, good cause exists for not publishing an NPRM for 
all revisions in the rule because the revisions are all non-substantive 
changes. This rule consists only of corrections and editorial, 
organizational, and conforming amendments. These changes will have no 
substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that, for the same reasons, good cause exists for making 
this rule effective upon publication in the Federal Register.

II. Background

    Each year, the printed editions of Titles 46 and 49 of the Code of 
Federal Regulations are recodified on October 1. This rule, which 
becomes effective September 30, 2011, makes technical and editorial 
corrections throughout Titles 46 and 49. This rule does not create any 
substantive requirements.

III. Basis and Purpose

    This rule amends 46 CFR 1.03-15 to change the addressee for appeals 
involving decisions or actions of the Director, Great Lakes Pilotage 
from CG-5 to CG-55 to better reflect the agency organization of the 
Coast Guard.
    This rule amends 46 CFR 2.10-20 by changing the mailing address for 
payment of fees related to vessel inspections. We also reformatted the 
paragraph by creating separate paragraphs broken down by type of fee, 
i.e., one subparagraph for payment of Certificate of Inspection and 
Certificate of Compliance fees and a second subparagraph for payment of 
Overseas Inspection fees. We then created subparagraphs broken down by 
method of payment, i.e., credit card, check by postal service, and 
check by overnight courier. This reformatting does not change any 
substantive requirements, but was done to make it easier to find the 
correct mailing address for the type of inspection and the method of 
payment.
    This rule amends 46 CFR 4.05-1 so that it refers to Sec.  160.204, 
the section for definitions, instead of referring to section 160.203, 
the section for exemptions.
    This rule amends 46 CFR 62.35-5 to change the word ``then'' to 
``than'' and to remove the reference to subparagraph (a) in the 
citation to Sec.  62.35-35(a) as this subparagraph no longer exists.
    This rule amends 46 CFR 111.79-9 by removing the reference to Sec.  
111.79-7, which no longer exists, and replacing it with Sec. Sec.  
111.79-1(d) and 111.79-3 where the requirements of former Sec.  111.79-
7 were moved by the Coast Guard's ``Amendment to Electrical Engineering 
Requirements for Merchant Vessels'' 61 FR 28260 (June 4, 1996).
    This rule amends 46 CFR 120.312 by removing the reference to 46 CFR 
111.10-11, which no longer exists.
    This rule amends 46 CFR 129.510 to remove the reference to subpart 
160.115 which does not exist, and put in its place subpart 160.151, 
which is the correct subpart related to inflatable liferafts.
    This rule amends 46 CFR 133.135 to change the approval series 
number from 160.056 to 160.156, the correct approval series number. The 
160.156 approval series number was published correctly in 1996 in the 
Coast Guard's ``Lifesaving Equipment Rule'' 61 FR 25272, at 25308, May 
20, 1996, but was erroneously changed in the 2000 Coast Guard 
``Technical Amendment'' 65 FR 58455, at 58463, September 29, 2000.
    This rule amends 46 CFR 401.110 by replacing the reference to the 
Department of Transportation with the Department of Homeland Security 
in the definition of ``Secretary'' because the Coast Guard is no longer 
an agency of the Department of Transportation (DOT), and is now an 
agency of the Department of Homeland Security (DHS).
    This rule amends 46 CFR 402.210 to correct a grammatical error by 
replacing the word ``or'' with the word ``to''.
    This rule amends 49 CFR parts 450, 451, 452, and 453 to correct the

[[Page 60752]]

authority citations in each part to remove the reference to the 
statutes at large citation as unnecessary and duplicative and to 
replace the official code citation of 46 U.S.C. 1503 with 46 U.S.C. 
80503 to reflect the recodification of Title 46.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This final rule has not been designated a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the final rule has not been reviewed by the Office 
of Management and Budget. A regulatory analysis was not prepared 
because this rulemaking involves only technical and administrative 
changes.
    This final rule makes non-substantive changes throughout Titles 46 
and 49 of the Code of Federal Regulations. The purpose of this rule is 
to make conforming amendments and technical corrections to Coast Guard 
shipping and transportation regulations. This rule will have no 
substantive effect on the regulated public.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This final rule makes non-substantive changes throughout Titles 46 
and 49 of the Code of Federal Regulations. The purpose of this rule is 
to make conforming amendments and technical corrections to Coast Guard 
shipping and transportation regulations. We estimate that this rule 
will not impose additional costs and should have little or no impact on 
small entities because the provisions of this rule are technical and 
non-substantive. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction, and you have questions concerning its provisions or 
options for compliance, please consult Paul Crissy, Coast Guard; 
telephone 202-372-1093, e-mail Paul.H.Crissy@uscg.mil. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we discuss the effects of this rule elsewhere in 
this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866, as supplemented by 
Executive Order 13563, and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

[[Page 60753]]

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraphs (34)(a) and (b) of the Instruction. This rule 
involves regulations that are editorial, procedural, and involve 
internal agency functions. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects

46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 4

    Administrative practice and procedure, Drug testing, 
Investigations, Marine safety, Nuclear vessels, Radiation protection, 
Reporting and recordkeeping requirements, Safety, Transportation.

46 CFR Part 62

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 111

    Vessels.

46 CFR Part 120

    Marine safety, Passenger vessels.

46 CFR Part 129

    Cargo vessels, Hazardous materials transportation, Marine safety, 
Reporting and recordkeeping requirements.

46 CFR Part 133

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

49 CFR Part 450

    Freight, Packaging and containers, Reporting and recordkeeping 
requirements, Safety.

49 CFR Part 451

    Freight, Packaging and containers, Safety.

49 CFR Part 452

    Freight, Packaging and containers, Reporting and recordkeeping 
requirements, Safety.

49 CFR Part 453

    Administrative practice and procedure, Freight, Packaging and 
containers, Safety.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR parts 1, 2, 4, 62, 111, 120, 129, 133, 401, and 402 and 49 CFR 
parts 450, 451, 452, and 453 as follows:

Title 46

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.

Sec.  1.03-15  [Amended]

0
2. In Sec.  1.03-15(h)(5), following the words ``Commandant (CG-'', 
remove the number ``5'' and add, in its place, the number ``55''.

PART 2--VESSEL INSPECTIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103, 
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. 
Note prec. 1).


0
4. Revise Sec.  2.10-20(d) to read as follows:


Sec.  2.10-20  General requirements.

* * * * *
    (d) Unless otherwise specified, fees required by this subpart must 
be mailed to the following addresses:
    (1) For COI and COC Inspections:
    (i) For payment by credit card, U.S. Coast Guard Finance Center 
(OGR), 1430A Kristina Way, Chesapeake, VA 23326.
    (ii) For payment by check, made payable to U.S. Treasury, with 
delivery by postal service, USCG Inspection Fees, P.O. Box 531030, 
Atlanta, GA 30353-1030.
    (iii) For payment by check, made payable to U.S. Treasury, with 
delivery by overnight courier, USCG Vessel Inspection Fees, Bank of 
America, Lockbox Number 531030 (COI), 1075 Loop Road, Atlanta, GA 
30337-6002.
    (2) For Overseas Inspection Fees:
    (i) For payment by credit card, U.S. Coast Guard Finance Center 
(OGR), 1430A Kristina Way, Chesapeake, VA 23326.
    (ii) For payment by check, made payable to U.S. Treasury, with 
delivery by postal service, USCG User Fees, P.O. Box 531769, Atlanta, 
GA 30353-1769.
    (iii) For payment by check, made payable to U.S. Treasury, with 
delivery by overnight courier, USCG User Fees, Bank of America, Lockbox 
Number 531769 (USF), 1075 Loop Road, Atlanta, GA 30337-6002.
* * * * *

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

0
5. The authority citation for part 4 continues to read as follows:

    Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 
2303a, 2306, 6101, 6301, and 6305; 50 U.S.C. 198; Department of 
Homeland Security Delegation No. 0170.1.

[[Page 60754]]

Subpart 4.40 issued under 49 U.S.C. 1903(a)(1)(E).

Sec.  4.05-1  [Amended]

0
6. In Sec.  4.05-1(b), following the words ``defined by 33 CFR'', 
remove the number ``160.203'', and add, in its place, the number 
``160.204''.

PART 62--VITAL SYSTEM AUTOMATION

0
7. The authority citation for part 62 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

Sec.  62.35-5  [Amended]

0
8. In Sec.  62.35-5(c)(3), after the words ``starting capability 
less'', remove the word ``then'', and add, in its place, the word 
``than''; and following the words ``that required by Sec.  '', remove 
the text ``62.35-35(a)'', and add, in its place, the text ``62.35-35''.

PART 111--ELECTRIC SYSTEMS--GENERAL REQUIREMENTS

0
9. The authority citation for part 111 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1.

Sec.  111.79-9  [Amended]

0
10. In Sec.  111.79-9(b), following the words ``plug must meet Sec.  
'', remove the number ``111.79-7'', and add, in its place, the text 
``111.79-1(d) or Sec.  111.79-3''.

PART 120--ELECTRICAL INSTALLATION

0
11. The authority citation for part 120 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

Sec.  120.312  [Amended]

0
12. In Sec.  120.312(b), following the numbers ``111.10-4, 111.10-5,'', 
add the word ``and''; and following the number ``111.10-9'', remove the 
number ``, 111.10-11''.

PART 129--ELECTRICAL INSTALLATIONS

0
13. The authority citation for part 129 continues to read as follows:

    Authority: 46 U.S.C. 3306; Department of Homeland Security 
Delegation No. 0170.1.

Sec.  129.510  [Amended]

0
14. In Sec.  129.510, following the words ``subparts 160.015 or'', 
remove the number ``160.115'', and add, in its place, the number 
``160.151''.

PART 133--LIFESAVING SYSTEMS

0
15. The authority citation for part 133 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security 
Delegation No. 0170.1.

Sec.  133.135  [Amended]

0
16. In Sec.  133.135(a), following the words ``approval series'', 
remove the number ``160.056'', and add, in its place, the number 
``160.156''.

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
17. The authority citation for part 401 continues to read as follows:

    Authority: U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 
Department of Homeland Security Delegation No. 0170.1; 46 CFR 
401.105 also issued under the authority of 44 U.S.C. 3507.

Sec.  401.110  [Amended]

0
18. In Sec.  401.110(a)(7), following the words ``the Secretary of'', 
remove the word ``Transportation'', and add, in its place, the words 
``Homeland Security''.

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

0
19. The authority citation for part 402 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304.


Sec.  402.210  [Amended]

0
20. In Sec.  402.210(a), following the words ``physical condition, and 
competency'', remove the word ``or'', and add, in its place, the word 
``to''.

Title 49

PART 450--GENERAL

0
21. The authority citation for part 450 is revised to read as follows:

    Authority: 46 U.S.C. 80503; Department of Homeland Security 
Delegation No. 0170.1.

PART 451--TESTING AND APPROVAL OF CONTAINERS

0
22. The authority citation for part 451 is revised to read as follows:

    Authority:  46 U.S.C. 80503; Department of Homeland Security 
Delegation No. 0170.1.

PART 452--EXAMINATION OF CONTAINERS

0
23. The authority citation for part 452 is revised to read as follows:

    Authority: 46 U.S.C. 80503; Department of Homeland Security 
Delegation No. 0170.1.

PART 453--CONTROL AND ENFORCEMENT

0
24. The authority citation for part 453 is revised to read as follows:

    Authority: 46 U.S.C. 80503; Department of Homeland Security 
Delegation No. 0170.1.

    Dated: September 27, 2011.
Kathryn Sinniger,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 2011-25276 Filed 9-29-11; 8:45 am]
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